4528 Federal Register / Vol. 71, No. 18 / Friday, January 27, 2006 / Rules and Regulations 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334 and 336. 

§ 73.202 [Amended] 

■ 2. Section 73.202(b), the Table of FM 

Allotments under South Dakota, is 

amended by removing Custer, Channel 

286C2; adding Edgemont, Channel 

289C1; adding Ellsworth AFB, Channel 

285C; removing Channel 285A and 

adding Channel 283A at Murdo; and 

removing Channel 288C and adding 

Channel 299C at Wall. 

■ 3. Section 73.202(b), the Table of FM 

Allotments under Wyoming, is amended 

by removing Channel 282A and adding 

Channel 260C2 at Gillette; removing 

Channel 228A and adding Channel 

291A at Moorcroft; removing Channel 

260A and adding Channel 256A at Pine 

Haven; removing Channel 283A and 

Channel 290C1 and adding Channel 

228A and Channel 283C1 at Upton; and 

removing Channel 289A and adding 

Channel 247A and Channel 298A at 

Wheatland. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. 06–792 Filed 1–26–06; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 041126332–5039–02; I.D. 

011806K] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closures and 

openings. 

SUMMARY: NMFS is prohibiting directed 

fishing for Atka mackerel with gears 

other than jig gear in the Eastern 

Aleutian District and the Bering Sea 

subarea of the Bering Sea and Aleutian 

Islands management area (BSAI). This 

action is necessary to prevent exceeding 

the A Season allowance of the 2006 total 

allowable catch (TAC) of Atka mackerel 

in these areas. NMFS is also announcing 

the opening and closing dates of the first 

and second directed fisheries within the 

harvest limit area (HLA) in Statistical 

Areas 542 and 543. These actions are 

necessary to prevent exceeding the HLA 

limits established for the Central (area 

542) and Western (area 543) Aleutian 

Districts pursuant to the 2006 Atka 

mackerel TAC. 

DATES: The effective dates are provided 

in Table 1 under the SUPPLEMENTARY

INFORMATION section of this temporary 

action. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The A season allowance of the 2006 

TAC of Atka mackerel specified for 

other gear in the Eastern Aleutian 

District and the Bering Sea subarea was 

established as 3,434 metric tons (mt) by 

the 2005 and 2006 final harvest 

specifications for groundfish in the 

BSAI (70 FR 8979, February 24, 2005). 

See § 679.20(a)(8)(ii) and (c)(3)(iii). 

In accordance with § 679.20(d)(1)(i) 

and (d)(1)(ii)(B), the Administrator, 

Alaska Region, NMFS (Regional 

Administrator), has determined that 350 

mt of the 2006 Atka mackerel TAC for 

other gear in the Eastern Aleutian 

District and the Bering Sea subarea will 

be necessary as incidental catch to 

support other anticipated groundfish 

fisheries. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 3,084 mt. In 

accordance with § 679.20(d)(1)(iii), the 

Regional Administrator finds that this 

directed fishing allowance has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for Atka 

mackerel by vessels using other gear in 

the Eastern Aleutian District and the 

Bering Sea subarea. 

In accordance with 

§ 679.20(a)(8)(iii)(C), the Regional 

Administrator is opening the first 

directed fisheries for Atka mackerel 

within the HLA in areas 542 and 543, 

48 hours after the closure of the Eastern 

Aleutian District and the Bering Sea 

subarea Atka mackerel directed fishery. 

The Regional Administrator has 

established the opening date for the 

second HLA directed fisheries as 48 

hours after the last closure of the first 

HLA fisheries in either area 542 or 543. 

Consequently, NMFS is opening and 

closing directed fishing for Atka 

mackerel in the HLA of areas 542 and 

543 in accordance with the periods 

listed under Table 1 of this notice. 

TABLE 1. EFFECTIVE DATES AND TIMES

Action Area 

Effective Dates*

From To 

Closing Atka Mackerel with gears 

other than jig gear 

Eastern Aleutian District and the 

Bering Sea subarea 

1200 hrs, January 20, 2006 2400 hrs, December 31, 2006 

Opening the first directed fishery 

in the HLA 

542 1200 hrs, January 22, 2006 1200 hrs, February 5, 2006 

543 1200 hrs, January 22, 2006 1200 hrs, February 5, 2006 


rmajette on PROD1PC67 with RULES
Federal Register / Vol. 71, No. 18 / Friday, January 27, 2006 / Rules and Regulations 4529 

TABLE 1. EFFECTIVE DATES AND TIMES—Continued 

Action Area 

Effective Dates*

From To 

Opening the second directed fishery in the HLA 542 1200 hrs, February 7, 2006 1200 hrs, February 21, 2006 

543 1200 hrs, February 3, 2006 1200 hrs, February 21, 2006 

*

Alaska local time 

In accordance with § 679.20(a)(8)(iii), 

vessels using trawl gear for directed 

fishing for Atka mackerel have 

previously registered with NMFS to fish 

in the HLA fisheries in areas 542 and/ 

or 543. NMFS has randomly assigned 

each vessel to the directed fishery or 

fisheries for which they have registered. 

NMFS has notified each vessel owner as 

to which fishery each vessel has been 

assigned by NMFS. (71 FR 3247, January 

20, 2006). 

In accordance with 

§ 679.20(a)(8)(ii)(C)(1), the HLA limits of 

the A season allowance of the 2006 

TACs in areas 542 and 543 are 9,851 mt 

and 5,550 mt, respectively. Based on 

those limits and the proportion of the 

number of vessels in each fishery 

compared to the total number of vessels 

participating in the HLA directed 

fishery for area 542 or 543, the harvest 

limit for each HLA directed fishery in 

areas 542 and 543 are as follows: for the 

first directed fishery in area 542, 4,926 

mt; for the first directed fishery in area 

543, 2,775 mt; for the second directed 

fishery in area 542, 4,925 mt; and for the 

second directed fishery in area 543, 

2,775 mt. In accordance with 

§ 679.20(a)(8)(iii)(E), the Regional 

Administrator has established the 

closure dates of the Atka mackerel 

directed fisheries in the HLA for areas 

542 and 543 based on the amount of the 

harvest limit and the estimated fishing 

capacity of the vessels assigned to the 

respective fisheries. Consequently, 

NMFS is prohibiting directed fishing for 

Atka mackerel in the HLA of areas 542 

and 543 in accordance with the dates 

and times listed in Table 1 of this 

notice. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA) finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) and 50 CFR 

679.20(b)(3)(iii)(A) as such a 

requirement is impracticable and 

contrary to the public interest. This 

requirement is impracticable and 

contrary to the public interest as it 

would prevent NMFS from responding 

to the most recent fisheries data in a 

timely fashion and would delay the 

closure of the Atka mackerel fishery in 

the Eastern Aleutian District and the 

Bering Sea subarea and the opening and 

closing of the fisheries for the HLA 

limits established for area 542 and area 

543 pursuant to the 2006 Atka mackerel 

TAC. NMFS was unable to publish a 

notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of January 12, 2006. The AA also finds 

good cause to waive the 30-day delay in 

the effective date of this action under 5 

U.S.C. 553(d)(3). This finding is based 

upon the reasons provided above for 

waiver of prior notice and opportunity 

for public comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: January 23, 2006. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 06–801 Filed 1–24–06; 1:26 pm] 

BILLING CODE 3510–22–S 


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